11/ 21/ 2006
1. Protecting Property Rights
Victory: The Ohio Supreme Court ruled unanimously in July that the government may not seize private property for eminent domain purposes based solely on economic development.
Small-Business Benefit: This win protects the property rights of small-business owners who could have lost their property to private developers. The ruling will make the Ohio government’s condemnations of private property subject to higher standards and will serve as an example for other states.
2. Stopping Mandated Health Insurance
Victory: In July, the U.S. District Court for Maryland struck down the state's Fair Share Health Care legislation, nicknamed the "Wal-Mart Law," which required large employers to spend at least 8 percent of their payroll on health insurance or donate the same amount to the Maryland Medicaid Fund. The court found that the law is preempted by the federal Employee Retirement Income Security Act.
Small-Business Benefit: The Maryland victory stops the law and provides an important example for other states. This ruling will prevent state governments from forcing mandated health-insurance costs on employers of all sizes.
3. Restraining Federal Regulation of the Private Use of Wetlands
Victory: The U.S. Supreme Court found in June 2006 that the government had overstepped its boundaries in its attempt to regulate private property, including wetlands, via the Clean Water Act.
Small-Business Benefit: The decision will reduce the time and money small businesses must spend obtaining wetland permits.
